106 Pa. 635 | Pa. | 1884
delivered the opinion of the court,
Wo agree entirely with the learned judge of the court below in his view of this case. In point of fact the testatrix executed her will more than three years before her death. It was that will which gave the charity to the appellee. The codicil diminished the amount of the charity, but that which passes to the legatee does so by force of the will only. While it is true that for certain purposes, and in legal contemplation, a will speaks from the death of the testator, that consideration does not in the least degree affect the physical fact of execution. The prohibition contained in the Act of April 26,1855,
There is no merit in the other point, made but not pressed in argument, that the appellee is a foreign corporation.
Decree affirmed.